Texas trial subpoena

Garcia, S. App—Houston , orig. However, it is important to note that the Notice to produce documents must be served at least ten 10 days before the service of the Subpoena. It is also crucial to note that the Notice and Subpoena cannot be served within thirty 30 days of the end of any applicable discovery period.

These rules have tripped up more than one practitioner. A notice of a deposition on written questions with or without a request for documents must be served at least 20 days before the deposition is taken TRCP The subpoena may be served at the same time as or after the notice is served These rules have tripped up more than one practitioner.

A notice of a deposition on written questions with or without a request for documents must be served at least 20 days before the deposition is taken TRCP The subpoena may be served at the same time as or after the notice is served The Subpoena may be served along with or after the notice is served. Carefully observing these rules, and working with experienced local counsel, should help out-of-state counsel navigate the Texas discovery landscape.

George B. This article is provided for informational purposes only. An important part of our practice is assisting lawyers from around the country serve and enforce such discovery requests. There are unique features to every situation and particular local rules which may result in a different answer than is given here, but this is intended to be a helpful primer for out-of-state lawyers who need to secure discovery from a Texas non-party. Texas Rule of Civil Procedure Both types of depositions can include document requests.

Texas courts will also allow out-of-state parties to compel discovery via a stand-alone document request. Do I have to get permission from the out-of-state court before serving discovery on a Texas non-party? A Texas subpoena may only be issued by: 1 an attorney authorized to practice in the Texas; 2 a Texas court clerk; or 3 an officer authorized to take deposition in Texas. TRCP Opening an ancillary proceeding prior to service of the subpoena will secure a court to hear any objections to the subpoena, settle any potential disputes that arise during a deposition, and hear and rule on a motion to compel.

Notice requirements depend on the type of discovery sought. The subpoena accompanying the notice may be served at the same time as or after the notice is served TRCP